Monthly Archives: June 2013

Jiroemon Kimura, who passed away at the remarkable age of 116 years 54 days, held a record that few of us ever have the chance of achieving: the world’s oldest living person. Perhaps more significantly, though, Kimura-san achieved an even rarer accolade when, on December 28, 2012, he became the oldest man who ever lived. As the oldest male whose age could be reliably determined, Kimura succeeded Denmark’s Thomas Peter Thorvald Kristian Ferdinand “Christian” Mortensen, who reached 115 years 252 days in April 1988, and became the first man to ever exceed 116 years.

Kimura was born in 1897, the same year as authors Enid Blyton and William Faulkner, aviator Amelia Earhart, and jazz musician Fletcher Henderson. In the same year, Queen Victoria celebrated her 60th anniversary on the British throne, and William McKinley became President of the United States. The retired postal worker is one of the few men known to have lived across three centuries, and would have seen immense social and technological advances including the advent of motor vehicles, television, powered flight, space travel and the internet, and seen the accession of six U.K. monarchs, five Emperors of Japan, and 20 U.S. Presidents.

Only seven people are known to have ever reached the age of 116 years. Of these, only four went on to celebrate their 117th birthday, all of them women. Among them was Jeanne Louise Calment of France, who reached the record age of 122 years 164 days – the oldest person whose age has been fully authenticated.

In March of 2013 at the Federal Trade Commission’s (FTC) request, a U.S. district court has temporarily shut down a Brooklyn, New York-based operation that the allegedly used deception, threats, and intimidation to induce elderly consumers to pay for medical alert systems they neither ordered nor wanted.

In its complaint, the FTC charges that telemarketers for Instant Response Systems call elderly consumers – many of whom are in poor health and rely on others for help with managing their finances – and try to pressure them into buying a medical alert service that consists of a pendant that supposedly allows them to get help during emergencies. In numerous instances, Instant Response Systems allegedly has falsely claimed during sales calls that consumers who did not order the medical alert service have, in fact, bought the service and owe the company money — often hundreds of dollars.

The company also allegedly has shipped bogus invoices and unordered medical alert pendants to consumers without their consent, has repeatedly threatened consumers with legal action in order to induce and coerce payment, and has subjected them to verbal abuse. In addition, the FTC contends that Instant Response Systems has illegally made numerous unsolicited calls to consumers whose phone numbers are listed on the National Do Not Call Registry.

According to the FTC’s complaint, consumers who tried to contact the company to dispute the false charges or find out how to return unopened packages often were unable to reach anyone. If they did reach a representative, they allegedly faced threats, verbal abuse, and demands that they pay for the product.

Based on this alleged conduct, the FTC charged the company and its principals with making illegal misrepresentations to consumers, violating the Telemarketing Sales Rule by calling phone numbers on the Do Not Call Registry, and violating the Unordered Merchandise Statute by sending consumers pendants they did not order.

Similar scams have now been reported in Texas, Wisconsin and Kentucky. The Michigan Attorney General’s Office has received about 50 complaints about this scam in the past two weeks. The Better Business Bureau is telling consumers that get similar calls just to hang up the phone, do not press any buttons and if someone does talk to you, be sure to first ask for the company’s physical address. If the representative wants your address but won’t give out its own address, it’s a red flag to a scam.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

In mailboxes across the country, people with Medicare will soon see a redesigned statement of their claims for services and benefits. The new statement will help them better spot potential fraud, waste, and abuse. Because of actions like these, the number of suspect providers and suppliers thrown out of the Medicare program has more than doubled in 35 states. The redesigned notice will make it easier for people with Medicare to understand their benefits, file an appeal if a claim is denied, and spot claims for services they never received. The Centers for Medicare & Medicaid Services (CMS) will send the notices to Medicare beneficiaries on a quarterly basis.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.

The federal government has introduced a new resource for people struggling with mental illness. Mentalhealth.gov is a new website providing consumer-friendly content. At the website, you can find information about the signs of mental health problems, how individuals can seek help, and how communities can host conversations on mental health. The website’s social media channels will connect people to the latest information on the national mental health conversation. You can also share your story for others to learn from your experience. The website also includes videos featuring first-person narratives of individuals who have recovered from or managed mental health problems, or supported a friend or loved one struggling with these issues. Individuals contributing their stories to this initiative include: Glenn Close, Demi Lovato, John Saunders, and Cher.

* The information contained in this Blog is intended for general information and educational purposes only and does not constitute legal advice or an opinion of counsel.